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Monday, July 02, 2007

Procedural unreasonabless claim not raised at sentencing is reviewed only for plain error on appeal

SENTENCING/APPEAL
United States v. Romero,
No. 06-2052, ___ F.3d ___ (10th Cir. Jun 29, 2007)(New Mexico).

Appeal of sentence for reentry of a deported alien previously convicted of an aggravated felony in violation of 8 U.S.C. §§ 1326(a)(1), (a)(2) and (b)(2).

HELD: Where defendant does not object on procedural grounds that district court’s method of determining his sentence is unreasonable, defendant forfeits right to appeal on that ground and review is only for plain error.

Read the opinion here.

posted by Russ at 11:29 AM


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